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Smallbiz Video Network, Inc. End User License Agreement This End User License Agreement ('License') is a legal agreement between you and Smallbiz Video Network Inc ('SBVN') regarding SBVN’s online video-social network and the accompanying documentation (collectively, the 'Membership'). CAREFULLY READ THE FOLLOWING LICENSE. USING THIS MEMBERSHIP INDICATES YOUR ACCEPTANCE OF THIS LICENSE. IF YOU DO NOT ACCEPT OR UNDERSTAND THE TERMS OF THIS LICENSE, YOU SHOULD NOT INSTALL THE MEMBERSHIP AND CANCEL THE INSTALLATION. 1. License Grant. Subject to the restrictions set forth below, this License grants you a non-exclusive, perpetual license to (a) be an exclusive member of SBVN; (b) use or authorize use of on SBVN per one membership; (c) If you transfer this membership to another party without the expressed approval of SBVN, your License may be terminated. 2. License Restrictions. You may not, or allow any third party to, (a) rent, lease, sell, loan or otherwise transfer the membership or any of your rights and obligations under this License; (b) install the Membership on a network for use by multiple users, unless each user has purchased a license; (c) reverse-engineer, decompile or disassemble the Membership or hardware in whole or in part; (d) remove or destroy any copyright notices or other proprietary markings of the Membership or any third-party Membership; (e) modify or adapt the Membership, merge the Membership into another program or create derivative works based on the Membership; (f) make copies of or distribute, for profit or otherwise, the Membership, except as expressly provided above; (g) make any alteration, modification, connection, disconnection, improvement or adjustment of any kind to or use the Membership except as explicitly contemplated in the enclosed documentation and in this License and (h) sublicense, transfer or assign this License or any of the rights and obligations granted under this License, except as explicitly contemplated in this License. Any purported transfer or assignment will be void. 3. Export Restrictions. The export and re-export of SBVN Membership products are controlled by the United States Export Administration Regulations and such Membership may not be exported or re-exported to any country to which the United States embargoes goods. In addition, SBVN Membership may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. By downloading or using a SBVN Membership product you are certifying that you are not a national of any country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. 4. Ownership. The license granted hereunder does not constitute a transfer or sale of ownership rights in or to the Membership. Except for the license rights granted above, SBVN retains all right title and interest in and to the Membership including all intellectual property rights therein. The Membership is protected by applicable intellectual property laws, including United States copyright laws and international treaties. 5. Third Party Proprietary Property. This Membership may contain the proprietary property of others, which has been licensed to SBVN, your use of the Membership is expressly conditioned on your agreement not to remove any copyright notices or other proprietary markings of the third party Membership. 6. Security. You acknowledge and agree that in order to protect the integrity of certain third party content, SBVN and/or its licensors may provide for Membership security related updates that will be automatically downloaded and installed on your computer. Such security related updates may impair the Membership (and any other Membership on your computer which specifically depends on the Membership) including disabling your ability to copy and/or play 'secure' content, i.e. content protected by digital rights management. In such an event, SBVN and/or its licensors shall use reasonable efforts to promptly post notices on 10 MINUTE BUSINESS PROFILE WIZARD http://www.businessprofiler.com web site explaining the security update and providing instructions to end-users for obtaining new versions or further updates of the Membership that restore access to secure content and related features. 7. Term and Termination. This License shall be effective upon installation of the Membership and shall terminate upon the earlier of (a) your failure to comply with any term of this License; (b) corruption or deletion of all copies of the Membership in your possession or (c) transfer of the Membership and this License to another party in accordance with Section 1(d). SBVN’s rights and your obligations shall survive termination of this License. 8. Limited Warranty. SBVN warrants to the original licensee that the Membership, as delivered, will perform in accordance with the accompanying documentation for a period of 30 days from the date of the original purchase ('Limited Warranty'). SBVN’s entire liability and your exclusive remedy for breach of the preceding Limited Warranty shall be, at SBVN’s sole option, repair or replacement of the Membership that does not meet the warranty set forth herein and that is returned to SBVN. This limited warranty shall be void if failure of the Membership has resulted from any accident, abuse, misuse or misapplication by you. Any replacement Membership will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. 9. NO OTHER WARRANTIES. EXCEPT AS SET FORTH ABOVE, THE MEMBERSHIP IS PROVIDED ON AN 'AS IS' BASIS. YOU ASSUME ALL RESPONSIBILITIES FOR THE QUALITY AND PERFORMANCE OF THE MEMBERSHIP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SBVN DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MEMBERSHIP WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR FREE. 10. LIMITATION OF LIABILITY. YOU AGREE THAT IN NO EVENT WILL SBVN BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF SBVN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SBVN’S LIABILITY EXCEED THE TOTAL AMOUNT OF THE FEES PAID FOR THE MEMBERSHIP. Some states/jurisdictions do not allow the limitation or exclusion of incidental or consequential damages in certain circumstances, so the above limitations may not apply in some circumstances. 11. General. This License is governed by the laws of the State of Florida and by the federal laws of the United States, without reference to conflict of laws principles. The federal and state courts within the County of Palm Beach, California shall have excusive jurisdiction to adjudicate any dispute arising out of this License and you hereby consent to the personal jurisdiction of the federal and state courts within the County of Palm Beach County, Florida. This License is the entire agreement between you and SBVN and supersedes any other communication with respect to the Membership. No modification of or amendment to this License will be effective unless in writing signed by both parties. If any provision of this License is held invalid or unenforceable, the remainder of this License will continue in full force and effect.
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